Implied consent means the patient's behaviour implies that they consent (for example, a patient rolls his shirt sleeve up and presents his arm for your examination or when a client answers questions about his or her health history on an intake form), or the situation is such that consent can be assumed (for example, to provide ongoing health care).
Health professionals can assume that they have an individual’s consent to collect, use or disclose personal health information for the provision of health care if the following conditions are met:
• The information was received from the individual (or substitute decision-maker), or another health information custodian.
• The information is collected, used or disclosed for the purpose of providing health care to the individual.
• If information is being disclosed, it must only be disclosed to another health information custodian.
• The individual has not withheld or withdrawn consent.
This is commonly referred to as sharing personal health information within the circle of care.